Motorcycle Helmet Laws in Denton

Motorcycle Helmet Laws in Denton

The laws regarding the use of motorcycle helmets are different in every state. Keep reading to learn about the motorcycle helmet laws in Denton and how they could impact your personal injury claim. If you have any questions, do not hesitate to reach out to one of the knowledgeable motorcycle accident attorneys at our firm.

Are Motorcyclists Required to Wear Helmets in Denton?

Any person under 21 years of age is required to wear a helmet when on a motorcycle in Denton. In addition, riders over 21 must wear a helmet unless they can prove:

  • They have completed a motorcycle operator training course
  • They have medical insurance coverage (at least $10,000) to cover any injuries that may occur in the event of an accident

So long as one of the criteria above is met, a person is allowed to ride a motorcycle without a helmet according to Texas state law. However, the Texas Department of Transportation strongly recommends that all motorcyclists wear a helmet, regardless of their age or whether or not they have completed a safety course.

Are There Any Legal Ramifications for Not Wearing a Helmet?

There is a practical ramification of not wearing a helmet. If a person is not wearing a helmet while riding a motorcycle and they get into a crash with another person, the defendant’s attorney will make that a primary argument if the case ends up in court. They will suggest that by not wearing a helmet, the injured person was not being safe and that they contributed to their injuries.

While some people may understand that not wearing a helmet has nothing to do with the actions of the motorcyclist or the negligent driver in a collision, some jurors may not be that discerning. Many jurors will look at the situation and think, “If the plaintiff cares so little about their own life that they would not wear a helmet, then why should the defendant pay?”

It is like wearing a seatbelt in a car. For a long time, whether or not an injured person was wearing a seatbelt was inadmissible. However, the Supreme Court has recently held it to be admissible in cases based on negligence. Thus, a person could be considered negligent for not wearing a seatbelt and contributing to their own injuries.

Just because it is lawful not to wear a helmet in Denton while riding a motorcycle does not mean that reasonable and prudent people would do so, and that is the argument attorneys see over and over again in court.

Wearing a Helmet Can Only Help

Riding a motorcycle is a risky endeavor. Unlike drivers of passenger cars, motorcyclists have nothing between them and the road. Thus, in the event of a collision, the resulting injuries can be devastating. Anything a motorcyclist can do to help absorb the force their head will take could help them survive a motorcycle wreck. Wearing a helmet could help a motorcycle accident victim avoid serious brain damage.

Additionally, the reality of the situation is that if a person is riding on a motorcycle and they do not have a helmet—even though it is completely lawful—in the event of an accident, a jury will likely hold it against them and say they are partially at fault for their injuries. Whereas, in the same situation, if a motorcycle accident victim was wearing a helmet, they could pursue full compensation for their losses.

Schedule a Meeting with a Denton Attorney to Discuss Motorcycle Helmet Laws in More Detail

While helmets are technically not required by motorcyclists over the age of 21 who meet certain criteria set by the state of Texas, they are still highly recommended. According to the CDC, motorcycle helmets reduce the risk of a head injury by 69 percent and the risk of death by 37 percent. In addition to keeping you safe, wearing a helmet could be key to securing comprehensive financial recovery in a personal injury claim following a motorcycle crash.

Contact a seasoned lawyer ay McCraw Law Group today to learn more about motorcycle helmet laws in Denton and the effect they could have on your case.

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